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HomeMy WebLinkAbout3291_001i j MINUTES COMMITTEE OF THE WHOLE FEBRUARY 23, 1982 I ROLL CALL The meeting was called to order by Mayor Krause at 7:32 p.m., in the Public 'Safety Building, 112 East Northwest Highway.Present at the meeting were: Mayor Krause, Trustees Gerald Farley, Edward Miller and Ted Wattenberg., Absent from the meeting were Trustees Ralph Arthur, Leo Floros and NormaMurauskis. Also, present at the meeting were Village Manager Terrance Burghard, Director of Public Works Herbert Weeks, Deputy Director of Public Works Glen Andler and approximately four persons in the audience. II. MINUTES The Minutes of the Committee of the Whole meeting of February 9, 1982 were accepted and filed. III." UTILIZATION OF MELAS PARK Mayor Krause reviewed for the Committee of the Whole the request before the Village from the Arlington Heights and Mount Prospect Park Districts for a policy guidance on the utilization of Melas Park, the Retention Basin at Central and Busse. Mr. Rick Pyle, of the Mount Prospect Park District, and Mr. Jerry Oaks, of the Arlington Heights Park District, were available at the meeting and reviewed their short-term plans for 1982. These include using the plateau areas of the Park for the installation. of 4 to 5 soccer fields for the combined use of the youth soccer' programs of the Arlington Heights Park District and the Mount Prospect' Park District. Additionally, they hope to utilize the 'grove of trees in the north central part of the Park for an eventual picnic grove, complete with tables, small playground equipment and perhaps, eventually, a picnic shelter. They expressed that there would be no lights for the fields and that they did not intend to install permanent toilet facilities, however, they were considering the utilization of portable toilets. Mr. Oaks commented,; however, that in his opinion, people corning for one soccer game would not have need for portable toilets. Mr. Oaks represented that for any given time period, there should be approximately 200 persons in attendance and that the parking facilities, in their judgement, are adequate to handle that number of people. The Committee of the Whole entered into a general discussion as to the limits and scope of the use of Melas Park and instructed the administration that particular attention ought to be paid to the hours of usage, the impact upon the surrounding residential properties and the number and frequency of carnival -type events. Additionally, when this matter is heard formally before the Mayor and the Board of Trustees, residents in the area ought to be encouraged to attend for their input. It was the general'consensus of the Committee of the Whole that the administration should rewrite the draft agreement providing for the necessary legal and insurance protections and schedule it for a suitable Board of Trustees meeting. The Village Manager indicated that the item could not be prepared before the March 16 Board meeting. Park District personnel indicated that they would like to try a one-year agreement and modify it as need be subsequently, IV. SAFETY COMMISSION Mayor Krause reviewed the Ordinance establishing the Safety Commission wherein it provides for staff persons from the.Police, Public Works and the Fire Department to be members of the Safety Commission and have voting rights. Also reviewed, were survey items demonstrating the methods by which surrounding communities,handle traffic safety items. There were two basic alternatives before the Committee of the Whole; the first being to keep the Safety Commission as it is presently constructed; and the second being a c ' hange in membership to provide that all voting members be citizen residents and not staff personnel. It was noted that Trustee Floros, although absent from the meeting, had submitted a written memo indicating his support for the change in membership of the Safety Commission. A general discussion among the Committee of ,the Whole members present indicated that the Safety Commission, as presently constructed, meets the needs of the community and that it ought to be kept as it is. There being no further discussion, the Committee moved to the next item. -2- V. FIREMENS' PENSION Fireman Del Ulreich, repr,ssenting the Firemeris' Pension Board, approached t.4 c. Committee of the Whole ,.3nd requested that the funding level w,,�Acipated from Property Tax Levies next fiscal be increased from the administration's recommended' :;j30,000 to a total of $547,000. Fireman Ulreich presented data that showed that the recommendation of the State Department of Insurance did not take into consideration all of the salary adjust- ments made by the Village in 1981-1.982. Thereafter, a general discussion ensued at which time Mayor Krause pointed out that it had been the policy of the Village to fund its pension systems on an actuarilly sound basis using the recommendations of the Department of Insurance, Vi.l.lageManager Burghard pointed out that given Fireman Ul-reich,s own data, the funding level. for the Firemens' Pension Fund had increased from 581 in 1975 to 70.51 in 1.981. The Committee of the Whole reiterated its existing policy to fund. all. of our pension systems on an actuarilly sound basis, based upon the recommendations of the Department of Insurance. Using the revised data submitted by Firefighter Ulreich, the amount to be raised from the Property Tax Levy in the 1982-1983 fiscal year shall be $505,501. VI 1.982-1983 BUDGET T ,he Committee of the Whole reviewed pages 2-27 of the Budget including the category of Public Representation, Village lage 11anaged r's Office, anDepartment of Management Services. During the discussion of Public Representation, the Village Manager was -instructed to schedule for a discu�;sion in January of 1,983, the possibility of increasing eloct:ed officials' salaries. Our local Ordinance covering s;il_ary increases for elected officials creates a time window before each m6nicipal election during which time salaries can be increased. Any increases, should they be adopted by the Board in January of 1983 would not affect the 1982- 1983 Budget, but would be included in a subsequent Budget. D7.iring the discussion of the Department of Management Services' Budget, Trustee Wattenberg requested that Mr. Hedstrom submit to the Board a copy of the Peat, Marwick and Mitchell. Audit of IRMA, Mayor Krause also pointed out that Mr. Hedstrom had submitted the third quarter financial report, a quarterly status report on the audit management letter, and some narrative and comparative data on the operations of the Department. Mayor Krause also suggested that the administration look at the possibility of securing a certificate of conformance for our accounting procedures from the Municipal Finance Officers' Association, VII. MANAGEr._3 REPORT 1. The Village; Manager reported, that work had been initiated on removal of sand from WELL j{17 and the contractor is working within budget. 2. At the next Village Board meeting, the Board will be considering a request from the Mount Prospect Park District for a beer and wine liquor license at the Golf °Course. 3.. The Police Department has successfuly utilized the IMS computer in finding a<suspect in a recent indecent exposure case. Iri that situation, the victim and the victim's parents described the alleged offender, the data was inserted into ,the computer and a "bit" was made matching the description with a known offender from this area. Subsequently, picture's were secured of the offender and the victim identified the offender, At that point, a''confession was voluntarilysecured and the; case effectively closed. 4. On the next Village Board Agenda, a series of bank depository resolutions will be before the Mayor and the Board. Illinois statutes require that the Board determine the depository for all of its checking accounts individually, and this is a houskeeping matter. VIII.ANY OTHER BUSINESS Trustee Farley inquired as to the status of the Agency's work towards securing Lake Michigan. water. Mayor Krause indicated that the Minutes of the Executive Committee would be distributed to the Board in the coining weekend` and that at the last Board of Directors` meeting, the Board` had determined that the Executive Committee should be prepared within 45 days i of that meeting to review a contract with the City of Chicago for the purchase of water, The Mayor also reviewed that the Agency has a deal with some 47 agencies in securing necessary permission for rights of way in construction and while this is a laborious task, the Agency is basically still on schedule. The Village Manager reported that final engineering would be done for the Mount Prospect portion of the system on April 15 of this year and that it is still hopeful that we could have some con-racts let by the fall of this year. The critical item now is the continued high interest rates in the market for bonds and the Agency is evaluating variable interest rates, additional short-term financing, or combinations thereof;. XI. ADJOURNMENT There being no further business, the Committee of the Whole adjourned at 9:00 p.m, Respectfully submitted, TERRANCE L. BURGHARD Village Manager TLB/rcw -4- . � ' momr*wssrmuw/cIn«L Compsnumos 100's s*ERSoysrI�ssr wouwrpponp1c,�'mwoo��� ^ncsmw^�^snocwnowopu,vn/s pu, ���� Mow/c/p^"npy^wcronm�-'ps W PRe�EwI_wonounrurspr�:� ~uv~u�on,es ms:a�=ccmc�w��.s� TO: Conference Managers me, " FROM,: .. .,...'. (.7 ..~.~, E°-^",.,= =.=c^"r SUBJECT: Meeting to Discuss Cable Interconnection Cooperation m°"` DATE: February 18, 1982 N,= w'W""-o" w"�,�� The Task Force Representatives acting upon the recommendation of pa, "p=�° Alderman 0sslinger's (Des Plaines) Committee have directed the Conference staff to draft for review the elements of two intar- governmenta! agreements. Briefly, the purposes of these agreecants are to provide for a joint agency approach in the following manner: m."°..° VV: l. Cable Level 1 - (Northwest Municipal Cable be an independent intergovernmental m°wr= group whose membership would be open to the `°" -entire Conference. The group would be staffed r", by the Conference in a manner similar to the Intergovernmental Personnel Benefit Cooperative or=.osxo (IPBC) and the Testing Consortium. The specific p,c°"e/ charge to this agency would be to enhance coordi- n,c^°me,="« rlosc°clx"'u.m nation and communication between all of the various companies and municipalities serving the m",_~=,m"' pm°=°Ka"""" Conference area. Interconnection of services m°""oe and programming is a key work element for this Se"°�a"T,,,,",e, agency. John *.e"ke""=^ mvm,,.~m 2. Cable Level II -(Warner I rRLy Exoc"=o^ecm v*",ame,m="ns This wvo/u also be ^ separate intergovernmental agency. However, membership is limited to those communities with the same contract and franchisee. The agency could be staffed or unstaffed dependent upon the wishes of the members. The Cablenet Northwest co—mmunities has asked the Conference for a budget proposal with individual cost estimates. The Warner communities have initially indicated their intention to pursue staffing "in house." The specific tasks of this level group would be direct administration of those ordinance Cable Interconnection Cooperation page 2 February lD, 1982 elements delegated by the members. In addition complaints and review of the complaint handling lug could also be the responsibility of the agency. The Conference has scheduled a meeting of municipal staff members to review the Level I Umbrella concept and agreement for Feb LiaLy_Z�,12_8 , in the Mount Prospect Villaqe Hall at 9:00 A.M. At approximately 10:30 A.M. the groups will sub- divide for a review of the Level II Administrative Agreement with those communities eligible for membership. Please plan to have your mux/c/pu//tx represented at this important meeting. If you should need additional pre -meeting information, please contact the Conference office. /^�� � *� �� K�� . .� � \ kk �2/26/82 3 To Northwest Munj�j�aL Cable Consortium BY -Laws (Level 1) ARTICLE I: Purpose and Objectives Reverse the order of objective No. I and No. 2, emphasizing that coordination of area -wide interconnection is the top priority of the organization. ARTICLE Il Eliibi i Amend to read: All member municipalities of the Northwest Municipal Conference and the Villages of Bartlett, Kenilworth d Golf, Illinois, who adopt an ordinance of participation by Their respective Boards of Trustees/City Councils shall be members in equal standing of the Cable Consortium, Any p.�njcipality conti(iuous to any Consortium member may be accepted for membership by a majority vote of the current ARTICLE III: Commencement of the Cable Consortium Amehd second paragraph to read:The Village Board/City Council shall also desicnate one ai-r—ector and an alternate _,_�_s_pLe�Kided in ARTICLE IV.Within thirty (3U) gays after the effective date of this agreement, the Northwest Municipal Conference will cull the first meeting of the Board which shall be held no later than fifteen (15) days thereafter. ARTICLE V: Officers Amend No. 5 to read: To coordinate the activities of the Consortium with the support personnel, ' ARTICLE VI: Financial Matters B. Amend to read: This fiscal year of the Cable Consortium shall . run from May l to April 30. A proposed budget shall be formulated ° by the Board and submitted to the members on or before March l of each calendar year. Such budget shall be deemed approved by a Note Date Change)--- member unless, prior to April I of the year involved, the member gives notice in writing to theBoardthat it is withdrawing from the Cable Consortium. .., arrive at the required contribution of each member. _ Northwest Municipal Came Consortium 8y -Laws (Level `` Page 2 ARTICLE.VIII: Dissolution A. Amend to read: The Cable Consoritum shall continue until its members number less than ten (IO). Withdrawals of a member at the end of any year may be accomplished by that member's filing Note Date Change)--- a written notice thereof with the Chairman by April I of that that year. B. Amend to read: The Consortium may also be dissolved by mutual agreement of all the memuers ar any time. 'C. The Consortium shall continue until May I, 2985, unless d ' majority of the members, by affirmative resolution of their respective City Councils/Boards of Trustees, indicate a desire to continue the Consortium. »m NORTHWEST MUNICIPAL CONFERENCE Level l - Umbrella Agency An Ordinance Authorizing Membership in the Northwest Municipal Cable Consortium WHEREAS, the Northwest Municipal Conference is a corporate organization representative of municipalities and townships chartered withinthe State of Illinois and the County of Cook; and / WHEREAS, Article VII, Section lO, of the Constitution of the State of Illinois, and Chapter 127, paragraphs 741 through 748 of the Illinois Revised Statutes, authorize and encourage intergovernmental / association and cooperation; and / WHEREAS, the public officials of the Northwest Municipal Conference represent thirty local government bodies and a population of over 760`000 Illinois residents; and WHEREAS, the City/Village of is authorized by Federal and State statutory rule for the franchise and regulation of cable television franchise to and WHEREAS, the City/Village of participated with other member municipalities of the Northwest Municipal Conference in the request for franchise proposals, evaluation of applicants and selection and negotiation of the enabling ordinance and franchise agree- ment; and WHEREAS, the City/Village of recognizes that the development of the best possible cable system in the municipality will be facilitated by continued communication and coordination with other Conference members who have awarded cable franchises to various companies; and WHEREAS, several member municipalities have determined that they wish to create a Cable Consortium, and an Intergovernmental Agree- ment for such a Cable Consortium has been drafted; and WHEREAS, the stated purposes, organizational structure and procedural structure contained within that Agreement represent a position shared by this City/Village; and WHEREAS, the corporate authorities of this municipality find that it is in the best interest of its citizens that it become a member of the Cable Consortium. NOW, THEREFORE, BE IT ORDAINED BY THE President/Mayor and " Board of Trustees/City Council, of the City/Village of County" Illinois, as follows: Section 1: That the Village President/Mayor, is hereby authorized to execute on behalf of this unit of local government the Intergovernmental Agreement of the Cable Consortium. The City/Village Clerk is hereby authorized to attest that execution. A copy of the Agreement is appended to and made a part of this Ordinance as Appendix l' Section 2: .. The powers of the Cable Consortium, unless / fhe Agreempnt be amended, shall be limited to those contained within Appendix I. Section 3 The commencement of the Cable Consortium and the obligation of this municipality to fully participate in such operations shall be effectuated in accordance with Article III. of the Agreement. Section The financial contribution of the municipality in the first Year of the Consortium shall not exceed the amount set forth for the City/Village of in Appendix 2, attached hereto. Contributfons in future years shall be determined in accordance with Article VI. of the Agreement. Section This Ordinance shall be in full force and mffect frnm and after its passage and approval as provided by law. Passed this day of 1982 AYES: NAYS: ABSENT: Approved this .day of, 1982 Attest: Northwest Municipal Cable Consortium ARTICLE I: Purpose and Objectives The Northwest Municipal Cable Consortium, hereinafter referred to as the "Cable Consortium" is a cooperative venture voluntarily established by its members pursuant to Article VII, Section IO, of the Constitution of the State of Illinois, and Chapter 127, paragraphs 741 through 748 of the Illinois Revised Statutes, 198I. The purpose of the Cable Consortium is to inform, educate, advise and produce a flow of information regarding all aspects of the cable television industry and ho* it will impact individual municipalities, sub -groups of municipalities, and to promote the best possible use of cable television for all subscribers and users in the area. The specific objectives of this organization will be: l) To keep the member communities informed in the ever changing state of the art of cable telecommunications. 2) To ofd in the coordination of the area -wide interconnection of cable operators frahchised in the area. 3) To es.tablfsh programs, seminars and other meetings to promote the use of the cable system, 4) To work with all cable companies to establish training programs for interested persons. 5) To encourage and review the use of the cable access channels by individuals, groups and institutions. G) To assess the needs of the institutional facilities in the area. 7) To act as a clearinghouse forall cable information necessary to accomplish theCable Consortium's purpose and goals. 8) To pursue other matters as specifically assigned to it by member communities. ARTICLE A. All member municipalities of the Northwest Municipal Conference and the Villages of Bartlett and Kenilworth, Illinois, who adopt an ordinance of participation by their respective Boards of Trustees/City Councils shall be members in equal standing of the Cable Consortium. Page 2 B. Continued membership shall be contingent upon the payment by each municipality of the annual and/or additional contributions as may be determined by the Board of Directors. C. Upon becoming a member, any new member municipality shall become subject to all existing debts and liabilities of the Cable Consortium to the same extent as all other members. ARTICLE III: Commencement Of The Cable Consorttin � A. The Cable Consortium shall commence its activities when the expected financial contributions of the municipalities which adopt the ordinance of participation described in Article JI" equals or exceeds the anticipated Year I funding requirements shown in Appendix 2, and, in no event later than May I, 1982. B. A municipality entering into the Cable Consortium shall do so by duly authorized execution of a copy of this agreement by its proper officers. Thereupon, the clerk or other appropriate officer of the party shall file a duly executed copy of this agreement, together with a certified copy of the authorizing ordinance, with the Northwest Municipal Conference' The ordinance authorizing execution of the agreement shall also designate the first two (2) directors from that party, as provided in Article IV. Within thirty (30) days after the effective date of this agreement, the Northwest Municipal Conference will call the first meeting of the Board which shall be held no later than fifteen (I5) days thereafter, A. The Cable Consortium shall be administered by a Board of Directors (Board) appointed by the members in accordance with this Article. Each member municipality shall be entitled to one (I) representative on the Board, which representative shall be entitled to one (I) vote, I) Each member shall select and appoint its representative and on alternate representative in accordance with the rules and procedures of the member. In the absence of the representative, the alternate shall be entitled to cast the member's vote. Voting shall be by representative or alternate present at a Board meeting and no proxy or in nbstentia voting shall be allowed. 2) Directors need not be elected officials or employees of the member they represent. Directors shall serve without cnmpenzation from the Council, but this shall not prevent amember from providing compensation for its Directors if such compensation is authorized by the member and not other -wise prohibited by them. / \ ����`\ �� Page 3 3) Each Director shall he selected to serve a term of two (2) years, which term may be renewed at the discretion of the member' Vacancies shall be filled at the earliest opportunity. 4) A Director shall not be eligible to vote on behalf of his municipality during the time that it is in default on any contribution or payment to the Consortium. During the existence of such default, the vote or votes of such party shall not be counted for the purposes of this agreement, B. The Boards of Directors shall determine general policy of the Cable Consortium, azundthese By -Laws, accept new members and approve the budget. C. The Board shall also designate the agency to serve as staff consultant and/or employ as may be deemed necessary, individuals to function as staff support. D. The Board of Directors shall meet at least four (4) times,a year. Special meetings of the Board of Directors may be called by the Chairman on his initiative or on the request of the representatives of two member municipalities. l) Unless otherwise specified, a quorum for the transaction of business shall consist of a majority of member 2) Roberts Rules of Order (Newly Revised), when not in conflict with these By -Laws, shall govern all meetings of the Board of Directors. AR,TICLE V: Officers A. At the first meeting of the Board, and at the first meeting of each fiscal year thereafter, the Board shall elect a Chairman and Vice -Chairman from its members. A majority vote of the representatives constituting a quorum shall be required to elect the officers. B. Chairman - the duties of the Chairman are: 1) To preside at all meetings of the Cable Consortium. 2) To review the agenda and insure its issuance to all members within fifteen (I5) days of a scheduled meeting. 3) To call a special meeting of Cable Consortium represen- tatives when deemed necessary' 4) To act as chief spokesman for the Cable Consortium in all matters concerning its policy considerations, ' 5) To coordinate the day-to-day activities of the Consortium. with the support personnel. — rage 4 C. Vice -Chairman The Vice -Chairman shall serve as Chairman in the abscence of the Chairman and will assume all dudes and responsi- bilities of the Chairman in the eventuality that he may no lunger be able to serve in that capacity. The Vice- Chainnnn shall have charge of all the minutes and official records of the Cable Consortium. In addition, he shall perform all the duties incident to that office and all other duties relative to the Consortium as from time to time may be assigned to him by the Board of Directors' ARTICLE VI: Financial Matters A. The Financial contributions of the members in support of the Council shall be in accordance with the following formula: $500 base contribution per municipality, plus an amount determined by the proportion of housing units in the member municipality to the housing uni,ts of all the members, as established by an annual budget. B. This fiscal year of the Cable Consortium shall run from May I to April 30. A proposed budget shall be formulated by the Board and submitted to the members on or before Hurch I of each calendar year. Such budget shall be deemed appro�ed by a member,unless, prior to April 15 of the year involved, the member -gives notice in writing to the Board that it is withdrawing from the Cable Consortium. Final action adopting a budget shall be taken by the Board on or before May I of each year. The total contribution from members provided for in the fi,nal budget shall be determined according to the aforementioned formula to arrive at the required contribution of each member, C. Upon dissolution of the Cable Consortium any funds remaining shall be returned to the members in proportion to the contri- butions to the Cable Consortium. D. Any member may inspect and copy the Cable Consortium books and records at any and all reasonable times. All books and records shall be kept in accordance with generally accepted accounting principles. E. The Board of Directors may call for an annual audit of the financial affairs of the Cable Consortium. This audit shall be prepared by a Certified Public Accountant in accordance with generally accepted auditing principles. _ ^ , Page 5 ARTICLE VII: Supoort Personnel The Board of Directors shall designate an agency or municipality to operate in the capacity of support personnel as may be deemed necessary by the nature of this prnject. If in the opinion of a majority of the member municipalities of the Cable Consortium further support or coordination assistance would become necessary, full or part-time personnel may be hired according to the policy of the Board - Article VIII: Dissolution A. The Cable Consortium shall continue until its members number less than ten (IO)' Withdrawals of a member at the end of any year may be accomplished by that member's filing a written notice thereof with the Chairman by April 15 of that year. B. The Council may also be dissolved by mutual agreement of all the members at any time. / �_f~lJ P_\ \ - APPENDIX 2 NORTHWEST MUNICIPAL CABLE CONSORTIUM In accordance with Article VI of the Intergovernmental Agreement creating the Northwest Municipal Cable Consortium, financial contributions are based on an annual budget prepared prior to each fiscal year. Individual municipal contributions are based on a formula of $500 plus an amount determined by the number of housing units in the municipality. First year contributions shall not exceed the amount set forth below for each municipality and will be adjusted once all of the participants are known. The projected budget for the first year is $22,I80' (_ \ I ' �� \� [ \ . � Not to Exceed Arlington Heights 21,561 $1,775 Barrington 3,297 7I5 Buffalo Grove 7,851 980 Des Plaines I9,268 I,640 Elk Grove Village 9,812 l"lOU Evanston ' 29^168 2°200 Glencoe 3,172 700 Glenview 10,563 1,136 Hanover Park 9,368 1,075 Hoffman Estot�s I3,015 I°275 Mount Prospect 20,512 1,700 Hiles 10,694 I,I50 Northbrook 9,815 11100 Northfield 2,067 050 Palatine 11,706 I,200 Park Ridge 13,529 I,300 Prospect Heights 5,179 826 Rolling Meadows 9,407 I,075 Schaumburg 20"364 I"700 Streamwood 6,66I 900 Wheeling 9,559 I,075 Wilmette 9,954 1,100 NinneLka 4"362 775 Bartlett 4,635 800 Kenilworth 845 575 (_ \ I ' �� \� [ \ . � � 2/26/82 ----Summary of Changes -~ To Ordinance d By -Laws Of Cablenet Intergovernmental Cable Council (Level 2 N�� Section 4, Amend to read: The financial contribution of the municipality in the first year of the Cablenet Intergovernmental Cable Council sha44-net-exseed the-amoent_set- fepth-f e*-the-C4tyfV4l4age- all ------------ 4 A b shall be determined in accordance with Article IX of the Agreement, and shall be based upon the number of partISJiLdtj 9 u ARTICLE Amend to read: The Council shall commence its activities when-ne fess-than-a44-uf-the-eun4sfpa44t4es-el49464c-fer-4n4t4a4-meffibe*shie deser4bed-in-Art4e4e-JY—authnp4ze-eeFgbersh4p-4n-the-5euna44-,-and-j-�n ne-event3 no later than May I, I982. A party entering into this Agreement shall do s(; -by duly ... with the Northwest Municipal Conference. The- erd4nance-aethep4i6ng-eyesetion-ofr-the-A9reement,sha]4-aTse- des4gnatethe f 4 rsttwe-f24 +eppeseotat4ves frem thatmoni4 pa4 i ty as-prey4ded-4m-Art4ele-V17 The Vi I Bo Council shall _j�ve and alternate from the municipality, authorizipj ' ~r__' shall_become_effective � " w* -* en-*�as-been-n au$H�rf�ed-by-�he-req*�r�d-uffl�er-of-mynfcfpaTiJ���----- an�-when-�he-a��pe���a�e-Aeemmeo�s-have-been-f��ed-as-ppev�ded-above� W4-th4n-th4p-ty-430-days -af ter-the-ef fest4ve-date -af- th4s-Agpeement,- The Northwest Municipal Conference will call the first meeting of the Council which shall be held no later than fif teee-�46�-days- thepeaftep" June 1, 1982. ARTICLE VIII: Powers and Duties of the Council C^- Amend to read: It shall mediate and attempt to resolve disagreements between the .'' of the Cable Communications Ordinance, L. Renumber "L" as "M". ` Add "L" - It shall respond to inquiries and requests for � Cablenet Intergovernr---tal Cable Council (Level 2) Page 2 ARTICLE B. Amend to read: A proposed budget shall be formulated by the Council and submitted to the member municipalities on or before March I of each calendar year. Such budget shall be deemed approved by a member unless, prior to April I 15 of the year involved, ... to arrive at the required cuFtrfbution of each member, (Add)-- E. Add "E": The Council of Representatives may call for an ARTICLE XI: Dissolution A. Delete entire paragraph, B. Remove letter "B" and amend to read: The- Seunei4-fgay-a4so-be-d4s5o4ved-by-fflut*al-agreement-ef -al4-the meFnheps-at-any-time= The Council shall continue until the occurrence of one of the following events: A. May I, 1985, unless a majority of the members through the affirmative resolution of their respective City Councils/ Boards of Trustees, indicate a desire to continue in the Council; B. The withdrawal of more than five (S) members. Withdrawals of a member at the end of any fiscal year may be accomplished by that members' filing a written notice thereof with the (Note Date Change)--- Secretary -Treasurer by April I 16 of that year, C. Mutual agreement to dissolve by all of the members" which may occur at any time. 00 NORTHWEST MUNICIPAL CONFERENCE Level 2 - Monitoring Agency qyei WHEREAS, the Northwest Municipal Conference is a corporate organization representative of municipalities and townships chartered within the State of Illinois and the County of Cook; and WHEREAS, Article VII, Section lO" of the Constitution of the State o Illinois, f Illi ois and Chapter 127, paragraphs 741 through 748 of the Illinois Revised Statutes, authorize and encourage intergove-rnmental association and cooperation; and WHEREAS, the public officials of the Northwest Municipal Conference represent thirty local government bodies and a population of over 750,000 Illinois residents; and WHEREAS, the City/Village of is authorized by Federal and State statutory rule for the franchise and regulation Of cable television systems; and WHEREAS, the City/Village of has awarded , u cable television franchise to Cablenet, Inc.; and WHEREAS, the city/Village of participated with other member municipalities of the Northwest Municipal Conference in the request for franchise proposals, evaluation of applicants, selection of Cablenet, Inc. and negotiation of the enabling ordinance and franchise agreement; and WHEREAS, the City/Village of recognizes that further coordination of the administration and enforcement of the franchise awarded to Cablenet, Inc. with other municipalities which have awarded a franchise to Cablenet, Inc. will result in the highest possible level of service at a reasonable cost; and WHEREAS, several municipalities have determined that they wish to create a Cablenet Intergovernmental Cable Council and a Intergovernmental Agreement for such a Cable Council has been drafted; and WHEREAS, the stated purposes, organizational structure and procedural structure contained within that Agreement represent a position shared by this City/Village; and 0 Page WHEREAS, the corporate authorities of this municipality find that it is in the best interest of its citizens that it become a member of the Cablenet Intergovernmental Cable Council. NOW, THEREFORE, BE IT ORDAINED BY THE Mayor/President and City Council/Board of Trustees, of the City/Village of County, Illinois as follows: Section 1: That the Mayor/President, is hereby authorized to execute on behalf of this unit of local government the Intergovernmental Agreement of the Cablenet Intergovernmental Cable Council. The City/Village Clerk is hereby authorized to attest that execution' A copy of the Agreen-nt is appended to and made a part of this Ordinance as Appendix 1. Section 2: The powers of the Cablenet Intergovernmental Cable Council, unless the Agreement be amended, shall be limited to those contained within Appendix I' 5 The Commencement of the Cablenet Intergovernmental CaU]e Council and the obligation of this municipality to fully participate in such operations shall be effectuated in accordance with Article V of the Agreement. Section : The financial contribution of the municipality in the first year of the Cablenet Intergovernmental Cable Council shall out exceed the amount set forth for the City/Village of in Appendix 2, attached hereto. �ontr�out1ons 1n fu�ure years shall be determined in accordance with Art-icle IX of the Agreement. Section 5: This Ordinance shall he in full force and effect from and after its passage and approval as provided by law. Passed this day of 1082 AYES: NAYS: ABSENT: Approved this day of 1982 Attest: ' 2netovernmental Cable Council ARTICLE I: Purpose APPENdlX l The purpose of this Agreement is to establish an organization to monitor the operation and activities of Cable Communications, to provide coordination of the administration and enforcement of the cable television franchises awarded to Cablenet, Inc. by the parties to this Agreement, to encourage use of the access channels and the Institutional Network among the widest possible range of institutions" groups and individuals, and to conduct such other activities authorized herein as may be necessary to insure equitable and reasonable rates and service levels for the citizens of the parties to this Agreement. ARTICLE II: Name The name of the organization is the Cablenet Intergovernmental Cable Council, hereinafter referred to a "CICC." ARTICLE For the purpose of this Agreement, the following words and phrases shall have the meanings given them: / "Council" or "Board" - means the City Council Corporate Authorities. ` "Grantee" - means Cablenet, Inc. °�ynber" - means a municipality which enters into this Agreement. ARTICLE ly. Ejj_gikjli_�y Lor Members 1R The municipalities which are eligible to become initial members of the organization are Arlington Heights, Bartlett, Des Plaines, Hanover Park, Mount Prospect, Park Ridge, Prospect Heights, Schaumburg, Streamwood, and Wheeling. Any municipality contiguous to any of these name munici- palities, and served by a cable communications system through Grantee, may be a member by approval of a majority of the then current members. � ARTICLE V: Commencement Of The Council The Council shall commence its activities when no less than all of the municipalities eligible for initial membership described in Article IV authorize membership in the Council and, in no event" later than May l, 1982, A party entering into this Agreement shall do so by duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the clerk or other appropriate officer of the municipality shall file a duly executied copy of this Agreement, together with a certified copy of the authorizing ordinance, with the Northwest Municipal Conference. The ordinance authorizing execution of the Agreement shall also designate the first two (2) representatives from that municipality, as provided in Article VI. The Agreement shall become effective when it has been authorized by the required number of municipalities and when the appropriate documents have been filed as provided above. Within thirty (3U) days after the effective date of this Agreement, the Northwest Municipal Conference will call the first meeting of the Council which shall be held no later than fifteen (I5) days thereafter - ARTICLE VI: CICC Representatives A. CICC shall be administered by a Council of Representatives appointed by the member municipalities in accordance with this Article. Each member municipality shall be entitled to one (l) representative on the Council,'which represen- tative shall be entitled to one (1) vote., B. Each municipality shall select and appoint its representative and an alternate representative in accordance with the rules and procedures of the municipality. In the absence of the representative, the alternate shall be entitled to cast the municipality's vote. Voting shall be by representative or alternate present at u Council meeting and no proxy or in abstentio voting shall be allowed. C. Representatives need not be elected officials or employees of the municipality they represent. No person who has an owner- ship or financial interest, however direct or indirect, in the Grantee, shall be eligible to be a representative. Representatives shall serve without comnensation from the Council, but this shall not prevent a municipality from providing compensation for its representative if such compensation is authorized by the munioipality and not otherwise prohibited by them. D. Each representative shall be selected to serve a term of two (2) years, which term may be renewed at the discretion of the municipality. Vacancies shall be filled at the earliest opportunity. E. A representative shall not be eligible to vote on behalf of his municipality during the time that it is in default on any contribution or payment to the Council. During the existence of such default, the vote or votes of such municipality shall not be counted for the purposes of this -2- y ���/et ­- ARTICLE VII: Orqanization Of The Council; BY -Laws A. At the first meeting of the Council, and annually thereafter" the Council shall elect an Executive Committee from its representatives, consisting of a Chairman, Secretary, and Treasurer, and such other officers as may be required under the Dy -Laws created by the Council. B. At the organizational meeting or as soon thereafter as it reasonably may be done, the Council shall adopt By -Laws governing its procedures. By -Laws shall be`adopted by a majority vote of the entire membership of the Council and shall include provisions governing the following: I) Provisions for a minimum of quarterly regular meetings and special meetings: 2) Pruvisons for minute's of all Council meetings to he mailed to all member municipalities; 3) Provisions for the selection of officers and duties and responsibilities of such officers; 4) Provisions for an"annual report to be made to the member municipalities as to the Council's actions with respect to the administration of the cable television system; 5) Provisions for the employment and compensation of staff or consultants necessary to carry out the responsibilities of the Council, and providing for the delegation of such responsibilities to such individuals. 6) Such other provisions as the Council may determine necessary for the efficient administration of its responsibility. ARTICLE VIII: Powers and Duties Of The Council* A. The powers and duties of the Council shall include the powers set forth in this Article, Q. It shall maintain and review all grantee records relating to the system, in accordance with Article V" Section 2, of the Cable Communications Ordinance. It may require the preparation and filing of additional information deemed necessary. C. It shall mediate and resolve disagreements between the franchisee and public or private users of the system and it shall determine possible violations of the franchise agree- ment or municipal ordinance and advise the municipalities of possible avenues of recourse" including fines or penalties in accordance with Article VII, Section 12, of the Cable Communications Ordinance. - 3 - yC�/C ( -�­ ~ D. It shall monitor timely and proper construction of the cable system in compliance with the franchise agreement and municipal ordinance. E. Advise and recommend to the municipalities on matters affecting the renewal of the franchise, in accordance with the provisions of Article IV, Section S, of the Cable Communications Ordinance. F. Advise and recommend to the municipalities on matters which might constitute grounds for revocation of the franchise in accordance with the provisions of ArticleIV, Section G, of the Cable Communications Ordinance. G. Conduct franchise performance evaluation sessions in accordance with Article IV" Section 4, of the Cable Cormn nicatiuns Ordinance. The findings of such sessions shall be in written form and provided to all City Councils/Boards of Trustees of the members. H. Advise and recommend to the members amendments which might be made to the franchise agreement to incorporate technological advancements pursuant to Article IV, Section 3, of the Cable Communications Ordinance, I. Review the performance of the grantee and advise and recommend to the -members on the need for the regulation of rates and requests for changes in rates in accordance with Article V, Section I, of the Cable Communications Ordinance. _^~ J. Monitor and advise the members on matters pertaining to the technical quality and performancenf the grantee's cable K. It may consult with persons knowledgeable in cable communications and persons having a special interest therein, such as industry representatives, research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations, technical experts and any other persons who can provide information concerning cable communications. L. It shall accept any other duties or tasks assigned, delegated * Should refer to specific sections in the Enabling Ordinance or Franchise ARTICLE IX: Financial Matters A. The financial contributions of the members in support of the Council shall be in accordance with the following formula: 60% to be shared equally by all members, 58% in accordance with the proportion of the member municipality's total housing units to the total housing units'of all the municipalities combined, as established by an annual budget. 4 - ,. D. A proposed budget shall he formulated by the Council and submitted to the member municipalities on or before March I of each calendar year, Such budget shall be deemed approved by a member unless, prior to April 15 of the year involved, the member gives notice in writing to the Council that it is withdrawing. Final action adopting a budget shall be taken by the Council on or before May I of each year. The total contribution frommembers provided for in the final budget shall be determined according to the aforementioned formula to arrive at the required contribution of each member. C. Upon dissolution of the Council= any funds remaining shall be returned to the members in proportion to the contributions to the Council in the current fiscal year, D. Any member may inspect and copy the Council books and records at any and all reasonable times. All books and records shall be kept in accordance with generally accepted accounting principles, ARTICLE The Council shall designate an agency or municipality to operate in the capacity of support personnel as may be deemed necessary by the nature of this organization. If in the opinion of a majority of the member municipalities of the Council, further support or coordination' assistance would become necessary, full or part-time personhel may be hired according to the policy of the Council. ARTICLE XI: Dissolution A. The Council shall continue until its members number less than three (3)*Withdrawals of a member at the end of any year may be accomplished by that member's filing a written notice thereof with the secretary -treasurer by April 15 of that Year. B. The Council may also be dissolv /d by mutual agreement of all the members at any time. The Council shall continue until the occurrence of one of the following events: I) May l, 1985, unless a majority of the members through the affirmative resolution of their respective City Councils/ Boards of Trustees, indicate a desire to continue in the 2) The withdrawal of more than f�ve (5) members' Withdrawals of a member at the end of any fiscal year may be accomplished by that members' filing a written notice thereof with the Secretary -Treasurer by April 15 of that year. 3) Mutual agreement to dissolve by all of the members, which may occur at any time. - 5 - (_Z-uc(-- APPENDIX 2 Cablenet._I tp=yq_ijQmental Cable Council Year- I- Fun�Llu In accordance with Article IX of the Intergovernmental Agreement creating the Cahlenet Intergovernmental Cable Council, financial contributions are based on an annual budget prepared prior to each fiscal year. Individual municinal contributions are based on the following formula: 50/1, of the budget shared equally by all members, 50% in accordance with the proportion of the municipality's total housing units to the total number of housing units of all the members. First year contributions shall not exceed the amount set forth below for each municipality. The projected budget for the fi,rst year is $28,750. + % of Not To Housinq Units M i Exceed Arlington Heights 2I,56I 16,5% $ 3,815 Bartlett 4,635 3.5% I"950 Des Plaines 19,208 14.7% 3,555 - Hanover Park 9,368 7.1% 2,465 ~ Mount Prospect 20,5I2 I5-7% 3,700 Park Ridge 13,529 10.3% 2,925 Prospect Heights 5,I79 3'9% 2,005 Schaumburg ' 20"364 15.5% 3,670 Streamwood 5°86I 5,0% 2^166 Wheeling 9�559�_ 7.3% 130,636 $28,745 With the permission of the Cablenet "Northwest" municipalities, the Conference intends to bill Cab|enet directly for the financial contributions for the Cable Consortium (Level l) and the Cablenet Council (Level 2). A total of $75J000 is available for these purposes pursuant to the correspondence from Walter Weckers, July 13, I98I- Northwest Hxnicipal Conference December 15' 1981 11 ^'^ TABLE OF CONTENTS I . DEF lNlTIONS . l 11 PARATRANSJT SERVICES AND STANDARDS J A. Types of Services to be Rendered 3 Q. Selection of Types of Service to be Offered 3 C. Vehicles andEguipment to Provide Para1ransit Service 4 D. Amount of Paratransit Service to be Provided 4 E. Service Refusal 5 F. vehicle Safety Standards 5 III. PARATRAN5IT LICENSES 6 A. Business Licenses § D. Chauffeur's Licenses lI IV. INSPECTION OF PARATRANSIT VEHICLES 13 o c es A. Inspection I cti f Vehicles 13 B. Inspection of Taximeters 13 V. FINANCIAL RESPONSIBILITY 15 A. Public Liability Insurance ` 15 B. Worker's Compensation Insurance 16 C. Insurers and Sureties lG - D. Payment of Judgments and Awards 17 Vl.RATES OF FARE AND (Nil\ be covered in pp. 18-21) VII. ADMINISTRATION 22 A. The Administrator 22 B. Rules 22 C. Investigations and Reports 22 O. Collection and Disbursement of Fees 23 , '' Table of Contents - Cont.—~ VD. PENAIJDES 25 A. Business License 25 R. Chauffeur's License 2/ C. Forgery, Altercation of Mutilation of, or Tampering With a Liciense 28 D. Fees and Penalties 29 I. D[FINITl0N3 Whenever used in this C�rdinance or in any Rule promulgated under its authority, the word: ' P4RATRANSIT - means demand'res pnnsive pazsenger transportation service ��afT�G]e—�o the public for hire, and rendered in only 1he following ` modes: EXCLUSIVE - which means the transportation of the person who hires the vehicle and only such other persons as he shall designate, over the most direct route, at a charge which shall have been filed in accordance with this Ordinance. NON-EXCLUSIVE - which means the transportation of passengers selected by the Operator of the vehicle or his agent, in any of the following modes: A G - which is a transportation service rendered to passengers who embark at the same point of origin and disembark at the sane destina- tion, (each paying a separate fore as filed by the Operator in accordance with this Ordinance); A MULTIPLE RIDE - which is a transportation service rendered to passengers ��o emuar* at txe some point of -origin and disembark at one or more destinations, each paying a separate fare as filed by the Operator in accordance with this Ordinance; A SHARED RID - which is a transportation service rendered to passengers wxo embarkat one or more points of origin and disembark at one or more destinations, generally on a first in first out basis, each paying a separate fare as filed by the Operator in accordance with the Ordinance; JITNEY - which means the transportation of passengers who embark at one or more points of origin and disembark at one or more destinations, all of which points being within a specified area or corridor, which area or corridor shall be defined explicity by the operator when filing a rate, each passenger paying a separate fare as filed by the Operator in accordance with this Ordinance. - which means the transportation of passengers selected by the person hiring the vehicle for a rate determined in only one of two ways: a. A pre -established flat rate which has been filed by the Operator in accordance with this Ordinance. b. A written contract signed by the person hiring the vehicle' ,mm|xxmu - means a vehicle used for the rendition of para- trans,I sermce and licensed under the authority of this Ordinance. � -I - DRIVE - means to move, or he in physical control of a paratransit vehicle. TRIP SHEET - means a record kept by the chauffeur of a paratransit vehicleforeach shift, on which he enters such information as may be required by this Ordinance or by Rule. OPERATE - means (unless a contrary meaning clearly appears from the �E�_f� �fin which it is used) any act 'ivity in the conduct of the business or rendering paratransit service under the authority of this Ordinance, including,the ownership of the Operating License/ but does not mean the driving or moving of the paratransit vehicle. PERSON - means a natural person, a partnership, a corporation, an ������tion or other group of individuals acting toge1her for a rommon porpooe; and together with associated pronouns, shall include the male or feMale gender, the singular or the plural` all as the context in which they are used requires. RULE means a Rule promulgated by the Administrator appointed to carry out the duties assigned to him by this Ordinance` and, from time to time, those duties which may be assiged to him b - means any mechanical" electric or electronic device in- stalled in a paratransit vehicle, which calculates and indicates the fare, measures the distrance travelled and time elapsed, and indicates other charges which may be due. CHAUFFEUR h driver f a public passenger vehicle licensed by as a public chauffeur. LICENSEE- means any person who is the holder of one or more licenses issued pursuant to this Ordinance' - ADMINISTRATOR' means the designated person(s) empowered to issue, �ns gulate all provisions in this ordinance in the following ~^~''~^'`'~~' SERVICE REGION- means a geographic area in which the licensee is per- mitted D ICEN5E � INSPECTION RTIF -2- ll. RARATRAG3lT SERVICES AND STANDARDS Business Licensees may provide any one or more of the types of Para - transit Services in the manner^provided by this Ordinance. A. Tvnes of Services to be Rendered l. Exclusive paratransit service. 2. Non-exclusive paratransit service, in the following modes: a. group ride b. multiple ride c. shared ride 3. Jitney paratransit service shall have prescribed routes, posted hours, separate vehicle with a maximum number of passengers per type of vehicle and separate municipal approval. A. Charter/Livery paratransit service. 5. Package/Parcel delivery not regulated by Illinois Commerce Coi-nmissinn. B. Selection of '-�TYDes of Service to be Offered - Each Business Licensee for each fare period shall: ' — select any one or more of the foregoing types of paratransit service which he will offer to the public; — file the rules or operating policy under which he intends to make each service available to the public: ' — establish and file with the Administrator a rate of fare or charge which he intends to make for each type of service selected. On a semi-annual basis, any Business Licensee may amend, alter, delete, or add to the types of paratransit service to be nffered,the policies under which they are to be offered,and the rate of fare or charges therefore. For good cause shown, the Administrator may permit such changes at other times.' All advertisements of the Business Licensee - 3 - _~ ^ �must reflect these changes within two weeks following the filing date. , C. Vehicles l. Paratrandt service must be provided only in a vehicle licensed under this Ordinance. 2, No Operator shall file for the provision of a paratransit transit service which requires the calculation of the fare in terms of distance travelled and time elapsed by a taxi- meter unless his vehicles are equipped with a taximeter which has been inspected, tested, approved and sealed by, or under the supervision of the Administrator. 3. The Administrator may provide, by Rule, for any special equipment which he may deem necessary or desirable for ' passenger` driver or public safety taking into account the nature of the paratransit service to he provided and the, passengers to be transported. D. Amount of Paratransit Service to be Provided Every Business Licensee shall endeavor to have and keep in service at all times while his license is in effect telephone service with an operator therefore on duty twenty-four (24) hours each day. Minimal telephone service shall consist of an automatic answering - device which refers the public to a taxicab service licensed by the providing the desired twenty-four (24) hour service. Failure to keep and maintain such minimal level of telephone service shall be cause for revocation of the Business License. - 4 - ~~_~ E, Service Refusal l. Every Business Licensee who has filed with the Administrator to render exclusive par�atransit service, shall (subject to the provisions of Section D above) accept for transportation any orderly person requesting exclusive service anywhere in the geographic area in which he is licensed. 2. Every Business Licensee who has filed to render non-exclusive, jitney, and charter/livery service shall accept any 1ransporta- Cion request made by an orderly person which falls within the service rules and policies filed by the Licensee with the Administrator and provided that he has space available -in one of his licensed vehicles, and provided that the acceptance of such additional passenger or passengers will not unreasonably delay passengers previously accepted for transportation. This provision shall not be construed to allow a Licensee or his agent to refuse non-exclusive Jitney service and 'fares solely because other similar requests do not exist when a particular transportation request is made. However, a- Licensee may specify times and places that particular services will be delivered and refuse requests made at other times or for other places. F. f le SaftIXStandards The Administrator shall promulgate Rules which: — fix the minimum size and seating capacity of para1ransit vehicles; — set minfmum safety, appearance, and. passenger comfort standards which must be maintained on all vehicles. - 5 - — require special equipment in or on such vehicles in accordance with Chapter II, Section C. — fix the size, color, c'ntent and material of which the ' Vehicle License is to be made and the place and manner in which it is to be affixed to the vehicle. — all units must display an inspection certificate as issued by the Administrator. In addition to all requirements of the laws of the State of Illinois and of the United States, every paratronsit vehicle shall be so designed and manufactured so as to have sufficient doors that every passenger may enter and exit without crossing any interior barriers; and have sufficient number of exits of such size as will permit every passenger and the chauffeur to exit from the vehicle in the event that one side shall have been rendered impassible as the result of an accident. DI, PARATRANSIT LICENSES A. Business Licenses Exclusive permission and authority to provide paratransit service in the geographic area of is granted to Business Licensees authorized under the authority granted by this ' Ordinance. I. Li.cense Every vehicle used to provide paratransit service under the authority of this Ordinance, shall have affixed thereto, in such manner and in such place as shall be required by Rule" a Business License issued hereunder. 2. Term Each Business License shall be issued as of February first - 6 - ^~~~ and si`all expire as of January thirty-first of the same year, un|es� sooner suspended or revoked in accordance with this orc!ir"qce. 3. Ap�llicatiom ApDlication for a Business License may be filed by any qunlified applicant at any time. The application for each Business License shall be on a form supplied by the municipality; signed by the apFlilrant, if a natural person; signed by the president or vice yresident, if the applicant is a corporation or signed by the partner, if the applicant is n partnership. The information in the application shall be verified on the oath uf the person siyning. A valid application shall co�iain all of the following information: — Tne name, business address, and business - 'telephone number of the applicant. ' — 7be number and types and identification � vehicles to b s d to id oe used to -provide e para- transi1 service under the auspices of the Business License. ' — The trade name and trade mark under which tJe applicant will provide service and the color scheme to be used on the vehicles. — 1��rtification of public liability coverage aod workers compensation insurancein ai.lcordance with this Ordinance. - 7 - ' — Certification of an ability to meet service standards required by this Ordinance. — The State of Illinois License number and class of license. — The vehicle make, mudel" serial number and ' the year that it was manufactured and the vehicle seating capacity. — Such other information as may be required by Rule. 4. Qualifications for Paratransit Business Licenses If an applicant for a Business License is l� a natural "person, he shall: be a resident of the State of Illinois be not less than 21 years of age. or 2, a corporation, it shall: . - be x'domestic corporation or a foreign corporation qualified and licensed to - transact business in the State of Illinois. or ], a partnership, it shall: be registered as such under applicable statutes; have principals as partners, each of whom shall possess the same qualifications as are required of applicants who are natural persons. 5. Issuance f Business Li , The Administrator shall issue a Business License upon successful completion of an inspection in compliance with Section F of Chapter II. � - 8 - 5. Renewal of Licenses Application for renewal of such licenses shall be filed . prior to January thirty-first of the year for which such license is operative. 7. Unlawful to Operate Without a Business License � It shall be unlawful for any person to operate any paratransit vehicle for hire in the geographical area of unless the Operator thereof is the holder of a Business License for a specific paratransit service under this Ordinance. It shall be unlawful for any person to drive, or to solicit passengers for hire in, or to transport any passenger in any vehicle for hire, unless the operator thereof is licensed as a Business Licensee and such vehicle is licensed as a para - transit vehicle being provided in the manner approved by the municipality. . ~~�8. Except -ions Nothing is this Ordinance shall be construed to prohibit any vehicle licensed to render any form of para1ransit service by any governmental body ou1side from coning into the geographic area regulated by this Ordinance, for the purpose of discharging passengers accepted for transportation in the area in which the vehicle is licensed, or from coning into the geographic area regulated by this Ordinance to pick up passengers for transportation to the place where the vehicle is licensed. 9. d Vehicle While any paratransit vehicle exempted from licensing by the provisions of paragraph 8 of this Section or by the provisions _9_ of any statute of the State of Illinois, is in ~ it shall clearly display a "not for hire" sign. Any person . driving such an exempted vehicle shall not solicit any person for transportation. 10. Assi.9nment of Business Licenses Business Licenses shall not be assignable. In the event that a licensed paratransit vehicle is to be removed from service and replaced by another vehicle, the Business License must be amended to reflect the replacement vehicle upon application therefore and a finding by the Administrator that the replacement vehicle i,s in compliance with this Ordinance and Rules. ll. Abandonment of Business Licenses A Business Licensee shall be deemed to have abandoned his Business License: — if Licensee shall have been adjudicated as bankrupt and such adjudication shall not have been vacated within 30 days; -- if he shall discontinue providing paratransi1 service for a period in excess of 68 days for reasons other -than * labor dispute, a temporary shortage of equipment, parts, fuel, or an Act of God; -- if he shall fail] to apply for the renewal of his Business Licenue, 12. Display of Business Colors, Trade Name and License Number Every para1ransit vehicle operated under the auspices of a Business License shall carry the color scheme, trade name/ trade mark and license number listed in the Business License -lO- application on the outside of the vehicle in a legible manner and shall he dis1inctixe from other Operator's colors and trade names.' All numbers and letters shall be at least one and one half inches in height. 13. Duolicate Business Licenses The Administrator shall issue a duplicate Business License upon application therefor accompanied by the required fee' whenever the original Bosiness License shall have been mutilated or destroyed; provided that, at the time of the application for the duplicate, the Business License was not suspended or revoked. B. Chauffeurs' Licenses l. License Required Every person who shall drive a paratransit vehicle while it is being used to provide paratransit service` shall be the holder _-- ' of a valid Chauffeur's License issued under the provisions of - this Ordinance; and, while so driving, shall have such � Chauffeur's License displayed in the vehicle so that it is easily visible to the passenger and in a manner provided by Rule. 2, Qualifications for Chauffeurs' License Every applicant for a Chauffeur's License shall: — be the holder of a valid State of 1114nois Driver's License, which is appropriate to the class and weight of vehicle the applicant intends to drive; , — be at least 18 years of age; — be in good physical condition; shall not have any nervous, organic or functional condition or disease which is likely td interfere with the safe performance of his duties as a Chauffeur' , — not have been convicted, within the preceding ten years, of an offence involving sex, narcotics, alcohol or the use use or a deadly weapon; — be able to speak and understand the English language. / 3. ' Applications for a Chauffeur's License shall be on forms � provided by the Administrator; and it shall -be signed on oath of the applicant. The application shall contain: — the applicant's name, address and telephone number; — the applicant's Social Security number; — the applicant's Illinois Driver's License number; - — a warranty that he is in good physical condition; — a warranty that he hos not been convicted, with the ` preceding ten years of an offense involving sex, narcotics, alcohol or the use of a deadly weapon. Applications shall be accompanied by: — two passport -size photographs of the applicant; one of which shall be attached to the license' which is to be displayed in the vehicle when issued in such a way that it cannot be removed and another photograph substituted without detection. — the fingerprints of the applicant to be token by or under the direction of the Administrator. IWM 4. Issuance of Chauffeurs' Licenses Within ten business days after the filing of the appp7icadun for a ,Chauffeur's License, the Administrator shall, if he finds the applicant qualified therefor, issue the License to him. 5. Drivers Give Notice It shall be the duty of every driver of a public vehicle to notify the Administrator in writing of any change of address, giving his new address in full. IV. INSPECTION OF PARATRAM5IT VEHICLES A. Inspection of Vehicles Prior to the issuance of a Vehicle License or tbe renewal thereof, or after repairs due to a serious accident, or at least once during each calendar year, or upon receipt of complaints that the vehicle or its equipment is not safe or habitable, or a spot check by Police Officers, the Administrator shall inspect each paratrunsit vehicle to ensure that it is in safe operating condition and meets the specific standards which must be promulgated by rule under this - Ordinance. Any paratransit vehitle involved in a serious accideht shall be inspected by the Administrator prior to the vehicle being returned to service. The Adminsitra1nr shall promulgate Rules, which he may amend from time to time, setting forth, in detail, the required condition of vehicles and their equipment, and the performance thereof; and such Rules shall fix the fee to be paid by the Licensee to the Administrator for each of such inspections. B. Inspection of Taximeters Within 30 days following a change in paratransft rates which are registered by a taximeter and which have been filed by a Business -I3- License in accordance with this ordinance and not less than once a year, the Administrator`shall inspect or cause to be inspected at the Administrator expense and direction, each taximeter operated by the Business Licensee and certify that the taximeters accurately measure the rates for which the operator has filed, and shall have taximeters sealed. It shall be unlawful for a Business Licensee to operate a taximeter which has not been certified to accurately measure the rates for which he has filed, or for any person to detach any inspected taximeter from any vehicle and attach the same to any other vehicle unless a new inspection or certification is made on such taximeter, V. FINANCIAL RESPONSIBILITY A. Public i i i Insurance I. Insurance ^ Re i d Every Business Licensee shall obtain and keep in force, public liability and property damage insurance with solvent and responsible insurers, to secure the payment of any loss or damage which may result from any occurrence arising out of the operation, use or possession of any of the Licensee's paratransit vehicles licensed under this Ordinance. 2^ S r Bonds In lieu of an insurance policy or policies, the personal undertaking of the Business Licensee secured by a surety bond or bonds of a corporate, solvent and responsible surety or sureties, may be accepted by the Administrator in lieu of all of part of such insurance. 3. Insurance Pnli i s _ Every insurance policy or bond shall: — insure the Business Licensee and any driver of the covered paratransit vehicles; — provide for the payment and satisfaction of any final judgment or award, op to the prescribed limits of insurance, rendered against the insureds for damages arising out of ownership or operation of the insured vehicles; — be unconditional; -� be non -cancellable except upon thirty days notice to the Administrator; -l5- — provide such insurance as may be required by "uninsured motorist" laws of the State of Illinois; — provide insurance for the sums of not lass than: — $100,000 for injury to or death of any one person; — $300,000 for injuries to or deaths of more than one person in one accident, if the insured vehicle)has � seating capacity for not more than eight persons including the driver; -� $1.000`000 for injuries to or deaths of more than one person in one accident, if the insured vehicle has seating capacity for not more -than eight persons but not more than twelve persons including the Chauffeur' — $I,500,000 for injuries to or deaths of more than one person in one accident, if the insured vehicle has seating capacity for more than twelve persons including the Chauffeur. - — $50,000 for damage to property Certified copies of all insurance policies and surety bonds shall ' be kept on file with the Administrator. orker's. Compensation Insurance B. ` [very Business Licensee shall obtain and keep in force, with solvent and responsible insurers Worker's Compensation Insurance covering his employees, as required by the State of Illinois. C. Insurers and Sureties Every insurer and surety must be an Illinois corporation or a foreign corporation qualified to transact business in the State of Illinois, and approved to underwrite the required risks by the Department of Insurance of Illinois~ Q. Pap�eqt of Judqm�ents and Awards Every Operating Licensee and every Vehicle Licensee shall pay every judgment or award rendered against him by any court or commission of competent jurisdiction, for loss or damage arising out of the operation of any of his paratransit vehicles, within ninety days after such judgment or award shall have become final and not stayed ' on appeal. ' VII. ADMINISTRATION A. The Administrator , ' The 'administration of this ordinance in (service area) and in the geographical area comprising and and (hereinafter: "the conmunities"), shall be vested in an Administrator appointed by the joint action of the mayors of the communities, each acting with the consent of his city council. The term of such appointment, his compensation and powers, shall be in accordance with an inter -city agreement entered into by the, communities. B. Rules The Administrator shall promulgate Rules required in this ordinance and such others sug8eyted by this Ordinance or which may be required for the equitable administration of this Ordinance. Such rules shall not be inconsistent with this Ordinance, and shall be subject to the right of the mayors of the communities to amend or repeal any of said Rules in the manner set forth in the agreement entered into by said communities. C. The Administrator shall make such investigations, inquiries or studies as he may deem necessary or desirable in order to carry out the duties or functions of his office; and he shall report the results of the same to the mayors of the communities from time to time. The Administrator shall submit to the mayors, on or before March I in each year, a full and complete report of all of his activities and those of his office during the preceding calendar year. Whenever he deems it to be necessary or desirable, or wbenevery requested by his consideration, concerning amendments to this Ordinance or such other matters as may have been requested of the Administrator. U. Collectidn and DisbUrsement of Fees The Administrator shall collect all License and other fees required to be paid under this Ordinance, shall deposit them in such banking institutions and under such conditions as may be directed by the joint instruction of the of the cnununities; and the Administrator shall pay, uu1 of such funds, all of the expenses of the operation of his office. Prior to January l in each year, the Administrator shall prepare a proposed budget of the operation of his office during the coming year and shall submit it to the s of the communities for their joint approval; and, not less often -than semi-annually (and ' immediately opun the request of the- - nf any of the cnnimunfties) , the Admnnistra1nr shall -report to the� mayors of the _ communities, concerning the receipt-, safekeeping and disbu,sement - —' of all funds coming into his hands' ^ E. Administrator's Staff Subject to the Joint approval of of the communities, the Administrator shall employ such assistants and staff as may be necessary in order to carry out the efficient administration of this Ordinance. At the conclusion of such investigation, he shall make findings as to whether or not provisions of this Ordinance or Rules promul- gated under it have been violated. If a violation is found, the Administrator may impose fines which have been prescribed for specific violations in this Ordinance: . , license suspension or revocation in accordance with this Ordinance; - 23 - or where fines have not' been prescribed, the Administrator may impose a fine not to exceed . for each violation. If the Administrator believes that a criminal offense may have been committed, he shall forward his file to the proper law officer for his consideration and action. - 24 - VIII. PENALTIES A. Business License, I. Suspension f Business Licenses The Administrator may innediately suspend the Business License of a Business Licensee: — who has abandoned his registered office without notice to the Administrator of a new registered, office; — whose public liability insurance or workers compensation ' insuranbe has lapsed or been cancelled and not replaced by other insurance; — who fails to file required documents.or reports with the Administrator' ` — who fails to ke' and maintain books and records as may be required by Pule; — w6g uses a driver not in possess -ion of a valid city/village chauffeur's license; — who is operating a paratransit service that hos not been ' declared or permitted; — who fails to provide service in Chapter lI - D (which outlines the twenty-four hours per day requirement) and E (which outlines service refusal requirements) arid/or in accordance with operating rules and fares on file with the Adninstrator- Such suspension shall be in force until the violation is corrected' The Administrator may also suspend the Business License of a Business Licensee, in cases dealing with the vehicle per se, whenever: -2G- — The Business License authorizing the operation of the vehicle shall haye been suspended or revoked; — it shall appear that, by reason of age, wear and tear, accident or otherwise, the condition of the vehicle is no longer in compliance with this Ordinance or Rule; — the vehicle is being operated in violation of this Ordinance or a Rule promulgated under this Ordinance. In addition, at the formal request of another governing body` the Administrator may suspend the Business License of a ` Licensee who has an/or whose vehicle has repeatedly violated taxi, livery" or other paratransit ordinance in other municipalities. 2. Revocation of Business Licenses The Administrator shall revoke the Business of a Business Licunsee: ' — if he finds -that the Business Licensee has ceased to ' operated; - — if he finds that the Business Licenses were obtained by fraud or the willful omission to disclose any material fact in the application for such business Licenses; ' — if he has suspended the Business Licenses of such Business Licensee more than three times during the preceding twelve months; — If the Business Licensee shall have been finally discharged in bankruptcy. B. Chauffeur's License I. Suspension of Chauffeurs' Licenses 'The Administrator may suspend a Chauffeur's License for a period of not to exceed five days: — as a penalty for a violation of this Ordinance and rules promulgated under it; — �t the formal request of another governing body, for --violations of1axi, livery or other paratransit ordinances in other municipalities; — knowingly operating an unsafe vehicle; ' — violation of the chauffeur's standards,as identified in Chapter III - B. The Administrator may also suspend a Chauffeur's License for an -indefinite period: - — pending an i:vesti.gaCioninto his involvement in an accident resulting in serious personal injury, which occurred while driving a paratransit vehicle; - — pending an investigation into his involvement in a crime or repeated misdemeanors resulting from his operation of a paratransit vehicle. 2, Revocation of Chauffeurs' License The Administrator shall revoke a Chauffeur's License if he finds that it was obtained by fraud, including_but not limited to the statements concerning his physical condition or criminal record required by Chapter III - B. The Administrator shall revoke a Chauffeur's License whenever he finds that such Chauffeur: , - 27 - "_ ~ — on account of infirmity of body or mind' addiction to narcotics, amphetamines or alcohol, has become physically, mentally or emotionally unfit or unable to discharge his duties as a Chauffeur in a safe and proper manner; — while on duty as a Chauffeur of a paratransit vehicle, has used or possessed any narcotic drug or amphetamine, . �r consumed or possessed or been under the influence of any alcoholic beverage regardless of its alcoholic content; — has been convicted of the offense of operating a motor vehicle while under the influence of alcohol, an amphetamine, a narcotic drug` a formulation of an amphetamine, or a derivative of a narcotic drug; — has been convicted of the crime of leaving the scene of an accident resulting in serious injury or death, or any felony involving the use of a motor vehicl.e; — has been guilty of repeated violations of this Ordinance or Rules, and has had his Chauffeur's License suspended - three times. C. Fo ery, Alteration Mutilation of, or Tamperinq With License It shall be unlawful for any person to forge, alter, mutilate or tamper with any Business License/Inspectional Certificate or Chauffeur's License issued under the authority of this Ordinance. It shall be unlawful for any person, acting without the.permission and authority of the Administrator, to take, remove or destroy any Business License/Inspectional Certificate or Chauffeur's License. It shall be unlawful for any person to forge or alter any certificate concerning the condition of a para1ransit vehicle, concerning the physical condition or criminal record of any applicant for a Chauffeur's License which may be required by Any person convicted of a violation of this paragraph shall be fined not less than nor more than for each offense. D' Fees and Penalties The fees for Licenses issued under the authority of this Ordinance shall be: ` Business License ___ Inspectional Certificate Duplicate Business License Chauffeur's License Duplicate Chauffeur`s License Any person convicted of a violation of any of the Sections or paragraphs of this Ordinance for which no penalty has been imposed in such Section or paragraph, shall be fined not less than nor more than for the first offense, and not less than $ nor more than for each succeeding offense.